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Work Permit Cancellation procedure

General UK immigration & work permits; don't post job search or family related topics!

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Tom_2005
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Posts: 15
Joined: Thu Sep 16, 2004 4:08 pm

Work Permit Cancellation procedure

Post by Tom_2005 » Tue Mar 15, 2005 8:32 pm

Hi All,

My employer is planning to cancel my WP.
Will they be able to cancel it with out me giving WP paper back to them..?
since WP is with me will they able to cancel it with out me submitting it.
Whats the procedure to cancel a WP..?

Tom

Joseph
Member of Standing
Posts: 349
Joined: Thu Aug 14, 2003 1:01 am
Location: London

Post by Joseph » Wed Mar 16, 2005 12:33 am

It doesn't matter if you hold the original WP document and don't return it. If your employer ends your job, the WP is no longer valid. If your employer wants to comply exactly with the law they can submit the document below to the Home Office notifying them that your employment is over. Most companies don't do this promptly, many don't do it at all.

http://www.workingintheuk.gov.uk/workin ... p/NPEE.doc

If your employer sends this form in (not very nice are they?), and the Home Office is on top of things (usually they are not so efficient), the HO will send you a letter notifying you to leave the country in 28 days. If you receive such a letter and do not have a new employer who can file a new work permit in that time, should leave the UK before the time is up to avoid violating the immigration laws. If you are a non visa national you can always reenter as a visitor to continue your job search. Do not say you are still working, even if your current passport WP stamp shows plenty of validity. This would be lying, and if you are caught lying (they will show the cancellation on their database) you will be refused entry have long term problems ever entering the UK.

If you find one quickly (within a few months), you can get a new workpermit and probably not lose the time toward ILR. You may need to use an immigration solicitor to ensure that this is done right.

Joseph

davidm
Junior Member
Posts: 78
Joined: Mon Dec 13, 2004 5:09 pm

Post by davidm » Wed Mar 16, 2005 8:17 am

Joseph wrote:
If you find one quickly (within a few months), you can get a new workpermit and probably not lose the time toward ILR. You may need to use an immigration solicitor to ensure that this is done right.

Joseph
I know cases where people had no problem in getting ILR despite having gaps in employment (between work permits) so long as they have not left the country. However, if you leave the country before you get a new work permit, the clock for ILR might be reset as happened to my wife.

Joseph
Member of Standing
Posts: 349
Joined: Thu Aug 14, 2003 1:01 am
Location: London

Post by Joseph » Wed Mar 16, 2005 10:51 am

Davidm

You're right according to the rules, but with a skilled immigration solicitor you can probably get them to consider the settlement application on an exceptional basis. It depends on various factors including the time spent overseas and the mood of the caseworker.

Joseph

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